Rahul Kumar @ Kranti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63143 of 2022 Arising Out of PS. Case No.-44 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== RAHUL KUMAR @ KRANTI YADAV S/o Rajan Kumar @ Rajan Rai R/vBasudeopatti, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Prakash Shrarma, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Section 392 of IPC.

The FIR of the occurrence of loot is against unknown. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of the self-confessional statement of the petitioner. Petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation. He further submits that the statement of the petitioner was recorded in Saraiya P.S.Case No.122 of 2022 and on that basis the petitioner has been remanded in the present case on 05.07.2022. Further submits that nothing has been recovered from conscious

Patna High Court CR. MISC. No.63143 of 2022(3) dt.17-03-2023 2/3 possession of the petitioner and till date no TIP has been conducted by the prosecution and the petitioner is in custody since 05.07.2022.

Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries seven more cases other than the present one.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Vaishali P.S.Case No.44 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall

Patna High Court CR. MISC. No.63143 of 2022(3) dt.17-03-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T